[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 2, Ch. 4 of the 1996 Code. Amendments noted where
applicable.]
A.
Composition. The Board of Review of the Village of
Theresa shall be composed of the Village President, Clerk-Treasurer
and the members of the Village Board. The Village Clerk-Treasurer
shall serve as Clerk of the Board of Review. The Assessor shall attend
all meetings of the Board of Review but shall not vote.
B.
Compensation. The members of the Board of Review shall
receive compensation as determined by resolution of the Village Board.
C.
Duties. The duties and functions of the Board of Review
shall be as prescribed in §§ 70.46 and 70.47, Wis.
Stats.
D.
Meetings. In accordance with § 70.47(3)b,
Wis. Stats., the Village Board does hereby exercise its right to designate
hours for the annual Board of Review proceedings other than those
set forth in § 70.47(3)a, Wis. Stats., and shall designate
the hours of the annual Board of Review by separate resolution. The
Board may adjourn from day to day or from time to time, until such
time as its business is completed, provided that adequate notice of
each adjournment is so given.
E.
Objections to valuations to be written. No person
shall be permitted to appear and make objection before the Board of
Review of the Village of Theresa to the amount of valuation of any
property unless objection thereto shall first have been made in writing
and filed with the Clerk of the Board of Review.
F.
Policy on procedure for sworn telephone or sworn written testimony
requests.
[Added 7-6-2015]
(1)
Procedure:
(a)
Before the Board of Review (hereinafter BOR) can consider a
request from a property owner or the property owner's representative
(hereafter "owner") to testify by telephone or submit a sworn written
statement, the owner must first complete and file with the clerk of
the BOR the following documents:
(b)
Such requests must be filed with the clerk of the BOR within
the first two hours of the BOR's first scheduled meeting.
(c)
If the owner fails to file the aforementioned documents as required,
the BOR will not consider the request.
(2)
Criteria: The BOR may consider any or all of the following factors
when deciding whether to grant or deny the request:
(a)
The owner's stated reason(s) for the request as indicated
on the PA-814.
(b)
Fairness to the parties.
(c)
Ability of the owner to procure in person oral testimony and
any due diligence exhibited by the owner in procuring such testimony.
(d)
Ability to cross examine the person providing the testimony.
(e)
The BOR's technical capacity to honor the request.
(f)
Any other factors that the BOR deems pertinent to deciding the
request.
A.
Establishment. A Zoning Board of Appeals shall be appointed and governed by the state zoning enabling law as contained in § 62.23, Wis. Stats., Chapter 350, Zoning, of this Code and this section. The laws of the state or Village and local ordinances shall prevail in that order. The Zoning Board of Appeals shall consist of five citizen members and two alternate members appointed by the Village President, subject to confirmation by the Village Board, for a three-year term of office. The members shall be removable by the Village Board for cause upon written charges and upon public hearing. The Village President shall designate one of the members Chairman.
B.
Powers.
(1)
The Zoning Board of Appeals shall have the following
powers:
[Amended 8-1-2005 by Ord. No.1-10]
(a)
To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by an administrative official in the enforcement of any Village zoning
code or any ordinance adopted under § 62.23, 61.35, 62.231
(wetlands), 87.30 or 281.31 (floodplains) or Ch. 91 (farmland preservation),
Wis. Stats.
(b)
To authorize, upon appeal in specific cases. such variance from the terms of the Village zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of Chapter 350, Zoning, shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
(2)
The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. The concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirements of Chapter 350, Zoning. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
C.
Meetings and rules.
(1)
All meetings and hearings of the Zoning Board of Appeals
shall be open to the public. The final vote on an appeal shall be
taken in open session by roll call vote, recorded and open for public
inspection in the Board's office. Public notice of all regular and
special meetings shall be given to the public and news media as required
by the Wisconsin Open Meeting Law.[1]
[Amended 9-11-2006]
[1]
Editor's Note: See §§ 19.81
to 19.98, Wis. Stats.
(2)
Special meetings may be called by the Chairman or
by the Secretary at the request of two members. Notice of a special
meeting shall be mailed to each member at least 48 hours prior to
the time set for the meeting, or announcement of the meeting shall
be made at any meeting at which all members are present.
(3)
Hearings may be held at any regular or special meeting
at the time set by the Chairman.
(4)
A quorum for any meeting or hearing shall consist
of four members, but a lesser number may meet and adjourn to a specified
time.
(5)
The Board shall keep minutes of its proceedings showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact and shall keep records of its examination
and other official actions, all of which shall be immediately filed
in the office of the Village Clerk-Treasurer and shall be public record.
The Board shall adopt its own rules of procedure not in conflict with
this Code or with the applicable Wisconsin Statutes.
(6)
No Board member shall participate in the decision
of or vote upon any case in which the member is financially interested,
directly or indirectly, but the Chairman shall direct an alternate
member to act instead. Disqualification of a member for interest shall
not decrease the number of votes required for acting upon any matter,
and such member shall not be counted in determining whether a quorum
is present for the transaction of business.
[Amended 9-11-2006]
D.
Offices. The Village Board shall provide suitable
offices for holding hearings and the preservation of records, documents,
and accounts.
A.
Creation. Pursuant to § 43.53, Wis. Stats.,
there is hereby created a Joint Library Board for the Town of Theresa
and the Village of Theresa in the County of Dodge, State of Wisconsin.
B.
Composition. Such Joint Library Board shall consist
of five members to be appointed as follows:
(1)
One member shall be the Superintendent of the Lomira
School District or his representative.
(2)
One member shall be appointed by the Chairperson of
the Town Board of the Town of Theresa; such member shall be a resident
of the Town of Theresa.
(3)
One member shall be appointed by the President of
the Village of Theresa; such member shall be a resident of the Village
of Theresa.
(4)
Two members shall be appointed jointly by the Chairperson
of the Town Board of the Town of Theresa and the President of the
Village Board of the Village of Theresa, said members to be appointed
from the district at large.
C.
Funding. The Village of Theresa and the Town of Theresa
shall each make an annual appropriation of funds to the Joint Library
Fund at least equal to the amount which the Town of Theresa would
be required to pay toward the county library tax levy if the Town
of Theresa were not exempted from such levy by the terms of § 43.64(2),
Wis. Stats.
D.
Dissolution. In the event of dissolution of the joint
library system, the property that belonged to the Town of Theresa
before the Joint Board was formed shall be returned to the Town of
Theresa, and the property that belonged to the Village of Theresa
before the Joint Board was formed shall be returned to the Village
of Theresa. All jointly held property that had been appropriated to
the Joint Board after the formation of the Joint Library Board shall
be divided equally.
E.
Reports; budgeting. The Library Board shall be responsible
for making monthly reports of financial conditions, operations, and
all incomes and disbursements to each government body. It shall also
be responsible for budgeting in accordance with state statutes and
municipal regulations.
A.
Regular meetings; public notice.
(1)
Every board, committee and commission created by or
existing under the ordinances of the Village shall:
(a)
Schedule a date, time and place for its meetings;
(b)
Post, or when necessary publish, notice in or notify
the official Village newspaper in advance of each such regular meeting
of the date, time, and place thereof, in compliance with state law;
and/or
(c)
Post and/or publish an agenda of the matters to be
taken up at such meeting.
(2)
A separate public notice shall be given for each meeting
at a time and date reasonably proximate to the time and date of the
meeting, but not less than 24 hours prior to the commencement of such
meeting unless otherwise authorized by law.
(3)
Such notice shall set forth the time, date, place
and subject matter of the meeting, including that intended for consideration
at any contemplated closed session which may be authorized by law,
and the Village address (202 South Milwaukee Street).
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
B.
Notice to members. Every member of any board, commission
or committee of the Village of Theresa shall be notified by the secretary
thereof that a meeting is to be held and the time and place of such
meeting and the subject to be considered thereat. No member shall
be intentionally excluded from any meeting by a failure to give proper
notice or a reasonable attempt to give proper notice to such member.
C.
Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or dispensing with the publication of notice or such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89, Wis. Stats.
D.
Minutes to be kept. Every board, commission and committee
shall keep a record of the minutes of its proceedings and shall cause
a signed copy thereof to be filed by its secretary with the Village
Clerk-Treasurer within one week of the meeting date.
